DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments/Amendments
In light of the terminal disclaimers, the double patenting rejection based on the following patents have been withdrawn: U.S. Patent No. 10823658; U.S. Patent No. 10006852; U.S. Patent No. 11698334.
Regarding Applicant’s arguments that U.S. 10,684,211 and U.S. 10,288,546 don’t teach “independently controlling the intensity of two different sets of a plurality of angularly deflected beams of laser light as is recited in the instant claims,” the examiner agrees (the claims of these patents only modulate the intensity of one set of a plurality of angularly deflected beams). Therefore, these double patenting rejections have been withdrawn.
Applicant’s amendments overcome the previous 102 rejection as being anticipated by Mikami. Additionally, it overcomes the 103 rejection as being unpatentable over Imoto. Therefore, these rejections have been withdrawn. However, upon further search and consideration, a new rejection has been made based on the previously cited by art in combination with a newly found reference (see below for details).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 109, 112, 114, 120, and 121 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami (US 20190041620 A1) in view of Filkins (US 20110235875 A1), Jeys (US 20110051137 A1) and Iizuka (US 6417953 B1).
Regarding claim 109, Mikami teaches a method comprising:
generating with a light beam generator a first plurality of angularly deflected laser beams and a second plurality of angularly deflected laser beams (paragraphs 34 and 3; figure 1); and
optically combining (19) the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams (figure 1) in a manner such that the first plurality of angularly deflected laser beams at least partially overlap with the second plurality of angularly deflected laser beams (paragraph 49).
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Mikami doesn’t explicitly teach each beam having independently-controlled intensity.
Like Mikami (and like Applicant), Iizuka is also directed to generating a plurality of beams and to acoustic optic modulators and teaches modifying the acousto-optic modulator such that each beam having independently-controlled intensity (column 4, lines 15-20 and column 3, lines 55-65). Iizuka also teaches this provides the benefit of controlling the intensity spatial distribution of the resulting light beam pattern (column 4, lines 45-60; abstract; for context, see column 2). A person of ordinary skill in the art of optical measurements would know the usefulness of this control of the intensity spatial distribution. As evidence, see for example, Filkins, which is also directed to optical measurements and samples and teaches that controlling the spatial distribution of the intensity of a light beam provides the benefits of having a high signal to noise ratio and not oversaturating the detector (paragraph 45). Additionally, like Mikami (and like Applicant), Jeys is concerned with optical measurements of samples, including fluorescence measurements and teaches that having independently controlling intensity in different regions of space (paragraph 44). Additionally, Jeys teaches this provides the benefit of more precise determination of sample location (abstract).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that each beam having independently-controlled intensity in order to have greater control over the intensity spatial distribution of the light beam, achieving a high signal-to-noise ratio, not oversaturating the detector, and achieving a more precise determination of the sample feature’s location.
Regarding claim 112, Mikami teaches the angularly deflected laser beams are aligned along a horizontal axis (figure 1).
Regarding claim 114, in the above combination the first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams have a predetermined intensity profile along a horizontal axis (Mikami: since the laser from 15 has a Gaussian distribution that enters known optical elements, including AODs, which affects the intensity profile in known ways; Iizuka, columns 3-4; Jeys, paragraph 44).
Regarding claim 120, Mikami teaches irradiating a sample propagated in a flow stream with the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams; and detecting light from the irradiated sample in the flow stream (implied by paragraphs 199-100 and figure 10, interference light beam arrow, since the text says the other components are the same as figure, 1, it’s implicit in figure 10).
Regarding claim 121, Mikami teaches the method comprises measuring the detected light (57) at one or more wavelengths.
Claims 109-111 are rejected under 35 U.S.C. 103 as being unpatentable over Imoto (US 20180073976 A1) in view of Filkins, Jeys, and Iizuka.
Regarding claim 109, Imoto teaches a method comprising:
generating with a light beam generator a first plurality of angularly deflected laser beams and a second plurality of angularly deflected beams (top box of figure 11); and
optically combining (27a) the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams in a manner such that the first plurality of angularly deflected laser beams at least partially overlap with the second plurality of angularly deflected beams (beat frequency in paragraph 100).
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Imoto doesn’t explicitly teach the the light beam is a laser beam. However, in the other embodiments Imoto teaches the light beam is a laser beam (paragraphs 49, 64, 105-106, 109). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the light beam of figure 11 of Imoto be a laser beam in order to have precise control over the light beam parameters such as intensity and wavelength.
Imoto doesn’t explicitly teach each beam having independently-controlled intensity.
Like Imoto (and like Applicant), Iizuka is also directed to generating a plurality of beams and to acoustic optic modulators and teaches modifying the acousto-optic modulator such that each beam having independently-controlled intensity (column 4, lines 15-20 and column 3, lines 55-65). Iizuka also teaches this provides the benefit of controlling the intensity spatial distribution of the resulting light beam pattern (column 4, lines 45-60; abstract; for context, see column 2). A person of ordinary skill in the art of optical measurements would know the usefulness of this control of the intensity spatial distribution. As evidence, see for example, Filkins, which is also directed to optical measurements and samples and teaches that controlling the spatial distribution of the intensity of a light beam provides the benefits of having a high signal to noise ratio and not oversaturating the detector (paragraph 45). Additionally, like Mikami (and like Applicant), Jeys is concerned with optical measurements of samples, including fluorescence measurements and teaches that having independently controlling intensity in different regions of space (paragraph 44). Additionally, Jeys teaches this provides the benefit of more precise determination of sample location (abstract).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that each beam having independently-controlled intensity in order to have greater control over the intensity spatial distribution of the light beam, achieving a high signal-to-noise ratio, not oversaturating the detector, and achieving a more precise determination of the sample feature’s location.
Regarding claim 110, Imoto teaches the first plurality of angularly deflected laser beams and the second plurality of angularly deflected laser beams are generated by splitting a laser beam outputted from an acousto-optic device irradiated by a laser (figure 11 and paragraphs cited above).
Regarding claim 111, Imoto teaches the first plurality of angularly deflected laser beams are identical to the second plurality of angularly deflected laser beams (identical is interpreted in light of the specification to mean identical in one or more of quantity, amplitude, and frequency. In the present case, it’s identical in quantity, as seen in figure 11, top box, where there is two each).
Claim 113 is rejected under 35 U.S.C. 103 as being unpatentable over Mikami, Filkins, Iizuka, and Jeys, as applied to claim 109 above, and further in view of Yamaguchi (US 20200263972 A1).
Regarding claim 113, Mikami doesn’t explicitly teach inverting the second plurality of angularly deflected laser beams and optically combining the inverted second plurality of angularly deflected laser beams with the first plurality of angularly deflected laser beams.
Yamaguchi is directed to a similar optical measurement system and teaches that inverting the beams in one arm allows one to include an adjustable optical length in the other arm while still matching the other arm (paragraphs 84-88 and figure 7).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mikami such that the method comprises inverting the second plurality of angularly deflected laser beams and optically combining the inverted second plurality of angularly deflected laser beams with the first plurality of angularly deflected laser beams in order to be able to include an adjustable optical length in the other arm while still matching the other arm.
Claims 115-116 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami, Filkins, Iizuka, and Jeys, as applied to claim 114 above, and further in view of Bravo de Vega (US 9931839 B1).
Regarding claims 115-116, in the above combination the intensity profile comprises increasing intensity from the center to the edges of the angularly deflected laser beams along the horizontal axis (Jeys, paragraph 44); the intensity at the center of the angularly deflected laser beams is from 0.1% to 99% of the intensity at the edge of the angularly deflected laser beams along the horizontal axis (Jeys, paragraph 44).
Additionally, Bravo de Vega is also directed to an optical measurement method and teaches the intensity profile comprises increasing intensity from the center to the edges of the beams along a horizontal axis; the intensity at the center of the beams is from 0.1% to 99% of the intensity at the edge of the beams along the horizontal axis (column 2, lines 50-68).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination such that the intensity profile comprises increasing intensity from the center to the edges of the angularly deflected laser beams along the horizontal axis; the intensity at the center of the angularly deflected laser beams is from 0.1% to 99% of the intensity at the edge of the angularly deflected laser beams along the horizontal axis – in order adapt the beam profile to the particular samples and measurement techniques desired.
Claims 118 and 125-126 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami, Filkins, Iizuka, and Jeys, as applied to claim 109 above, and further in view of Diebold (WO 2014110290 A1; cited by Applicant).
Regarding claim 118, Mikami teaches applying a plurality of drive signals to an acousto-optic device; and irradiating the acousto-optic device with the laser to generate an output laser beam comprising a plurality of angularly deflected laser beams (figure 1).
Mikami doesn’t explicitly teach the drive signals are radiofrequency drive signals.
Diebold is directed to a similar optical measurement method and to acousto-optic devices and teaches applying a plurality of radiofrequency drive signals to an acousto-optic device (20; paragraph 38). Additionally, Diebold teaches this provides the benefit of enabling high speeds (paragraph 118).
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It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the drive signals be radiofrequency drive signals because these are typical in the art for the purpose of controlling an acoustic optical deflector and in order to enable high speed measurements.
Regarding claim 125, Mikami teaches the method further comprises: generating a detection signal in response to light from the irradiated flow stream; and frequency demultiplexing the detection signal to determine one or more beat frequencies (paragraphs 73-77).
Regarding claim 126, Mikami teaches each of the beat frequencies corresponds to a frequency difference between a pair of overlapping beams from the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams (paragraph 53).
Claim 119 is rejected under 35 U.S.C. 103 as being unpatentable over Mikami, Filkins, Iizuka, Jeys, and Diebold as applied to claim 118 above, and further in view of Cordingley (US 20130010349 A1).
Regarding claim 119, in the above combination, the first plurality of angularly deflected laser beams and the second plurality of angularly deflected laser beams is based on the radiofrequency drive signals applied to the acousto-optic device (Diebold, 20).
The above combination doesn’t explicitly teach the amplitudes are based on each other.
Cordingley is also directed to acoustic optic devices and teaches the amplitude of the beam is based on the amplitude of the radiofrequency drive signals (energy of beam and amplitude of RF in paragraph 72).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the amplitude of the beams of the above combination based on the amplitude of the radiofrequency drive signals in order to be able to control the output intensity of the beam.
Claims 122-123 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami, Filkins, Iizuka, and Jeys, as applied to claim 120 above, and further in view of Marks (US 2018/0038784 A1).
Regarding claims 122-123, Mikami doesn’t explicitly teach monitoring the detected light from the irradiated sample in the flow stream to detect spatial drift of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams (claim 122); adjusting the spatial position of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams on the flow stream when spatial drift is detected (claim 123).
Marks is directed to a similar optical measurement method and teaches monitoring the detected light from the irradiated sample in the flow stream to detect spatial drift of the beams; adjusting the spatial position of the laser beams when spatial drift is detected (paragraphs 598-599 and 655-657).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify mikami such that the method comprises monitoring the detected light from the irradiated sample in the flow stream to detect spatial drift of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams (claim 122); adjusting the spatial position of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams on the flow stream when spatial drift is detected (claim 123) – in order to ensure accurate and efficient measurements.
Allowable Subject Matter
Claims 124 and 127 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (and if Applicant overcomes the double patenting rejections). The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 124, the prior art of record (taken alone or in combination) fails to anticipate or render obvious, “generating with a light beam generator a first plurality of angularly deflected laser beams each having independently-controlled intensity and a second plurality of angularly deflected laser beams each having independently-controlled intensity; and optically combining the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams in a manner such that the first plurality of angularly deflected laser beams at least partially overlap with the second plurality of angularly deflected laser beams; irradiating a sample propagated in a flow stream with the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams… monitoring the detected light from the irradiated sample in the flow stream to detect spatial drift of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams… adjusting the spatial position of the combined first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams on the flow stream when spatial drift is detected… adjusting the spatial position comprises adjusting the frequency of the applied radiofrequency drive signals,” in combination with the other claimed limitations.
Regarding claim 127, the prior art of record (taken alone or in combination) fails to anticipate or render obvious, “generating with a light beam generator a first plurality of angularly deflected laser beams each having independently-controlled intensity and a second plurality of angularly deflected laser beams each having independently-controlled intensity; and optically combining the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams in a manner such that the first plurality of angularly deflected laser beams at least partially overlap with the second plurality of angularly deflected laser beams; … generating a detection signal in response to light from the irradiated flow stream; and frequency demultiplexing the detection signal to determine one or more beat frequencies … each of the beat frequencies corresponds to a frequency difference between a pair of overlapping beams from the first plurality of angularly deflected laser beams with the second plurality of angularly deflected laser beams … normalizing intensity of the generated data signal based on the spatial location of each overlapping beam of the first plurality of angularly deflected laser beams and second plurality of angularly deflected laser beams and a frequency content of a forward scattered light data signal,” in combination with the other claimed limitations.
Additional Prior Art
US 20170102314 A1 (common inventor) Discloses “[0065] In the operational mode in which a sample is illuminated concurrently with a plurality of excitation frequencies, the RF comb generator 20 applies a plurality of RF drive signals concurrently to the AOD 18. By way of example, the number of simultaneously applied RF drive signals can be in a range of about 20 to about 200. The interaction of the laser beam and the drive signals results in generation of a plurality of angularly separated laser beams each having a frequency shift corresponding to one of the drive signals relative to the frequency of the laser beam generated by the laser 12. Without being limited to any particular theory, in an AOD, a piezoelectric transducer can generate radiofrequency phonons in a crystal, e.g., a quartz crystal, and the scattering of the optical photons of the laser beam by such radiofrequency phonons can result in the generation of the frequency-shifted laser beams. One of these frequency-shifted beams 22 is herein referred to as a “local oscillator” (LO) beam and the remainder of the frequency shifted beams 24 are herein referred to as “RF comb beams.” The angular separation of the frequency shifted beams can be, for example, in a range of about 1 milliradians to about 100 milliradians. For example, the angular separation of the frequency shifted beams may range from 2 milliradians to about 95 milliradians, such as from 3 milliradians to about 90 milliradians, such as from 4 milliradians to about 85 milliradians, such as from 5 milliradians to about 80 milliradians and including from 10 milliradians to about 75 milliradians.
[0066] The LO and the RF comb beams pass through a lens 26, which is in this embodiment a positive lens with a focal length of about 50 mm. After passage through the lens 26, the LO laser beam is intercepted by a mirror 28, which redirects the LO beam in a different direction (in this embodiment in a direction substantially orthogonal to the original propagation direction of the LO beam). The mirror 28 is positioned relative to the RF comb beams such that these beams miss the mirror 28 and propagate to a lens 30 (which in this embodiment has a focal length of 200 mm). In this manner, the LO beam and the RF comb beams are directed along different propagation directions. The use of the pickoff mirror 28 in a manner disclosed above allows utilizing a single AOD to generate both the LO beam and the RF comb beams and combining them in a manner discussed below to generate an excitation beam for illuminating a sample. The use of a single AOD, rather than multiple AODs (e.g., two AODs, one for generating the LO beam and the other for generating the RF comb beams), simplifies the design of the system and further allows efficient use of the system in multiple distinct operational modes, as discussed in more detail below.”
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US 20070258119 A1 discloses
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US 6775051 B2 discloses
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUFUS L PHILLIPS whose telephone number is (571)270-7021. The examiner can normally be reached M-Th, 2 -10 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUFUS L PHILLIPS/ Examiner, Art Unit 2877